{"id":"a-db-1789","name":"FREE ACCESS TO COURTS ACT 1400 2 HEN 4 C 1","slug":"free-access-to-courts-act-1400-2-hen-4-c-1","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":233499,"registerId":"act-free-access-to-courts-act-1400-2-hen-4-c-1-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"FREE ACCESS TO COURTS ACT 1400 2 HEN 4 C 1","content":"Australian Capital Territory\nFree Access to Courts Act 1400\n2 Hen 4 c 1\nRepublication No 1\nRepublication date: 5 July 2002\nAuthorised by the ACT Parliamentary Counsel\n\nAbout this republication\nThe republished law\nThis is a republication of the Free Access to Courts Act 1400 2 Hen 4 c 1 as in force on\n5 July 2002. It includes any commencement, repeal or expiry affecting the republished\nlaw and any amendment made under the Legislation Act 2001, part 11.3 (Editorial\nchanges).\nThe legislation history and amendment history of the republished law are set out in\nendnotes 3 and 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see\nthe ACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been\nmade by an Act commencing on the republication date (see Legislation Act 2001, s 115\nand s 117). The changes are made if the Parliamentary Counsel considers they are\ndesirable to bring the law into line, or more closely into line, with current legislative\ndrafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced or is affected by an\nuncommenced amendment, the symbol U appears immediately before the provision\nheading. The text of the uncommenced provision or amendment appears only in the last\nendnote.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision\nappears in the endnotes. For the legal status of modifications, see Legislation Act 2001,\nsection 95.\nPenalties\nThe value of a penalty unit for an offence against this republished law at the republication\ndate is—\n(a) if the person charged is an individual—$100; or\n(b) if the person charged is a corporation—$500.\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFree Access to Courts Act 1400\n2 Hen 4 c 1\nContents\nPage\n4 Every person shall be in peace 1\n5 Full justice shall be done 1\nEndnotes\n1 About the endnotes 2\n2 Abbreviation key 2\n3 Legislation history 3\n4 Amendment history 3\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nFree Access to Courts Act 1400\n2 Hen 4 c 1\n4 Every person shall be in peace\nAll his liege people and subjects may freely and peaceably, in his sure and\nquiet protection, go and come to his courts, to pursue the laws, or defend\nthe same, without disturbance or impediment of any.\n5 Full justice shall be done\nFull justice and right be done, as well to the poor as to the rich, in his courts\naforesaid.\n\nEndnotes\nAbout the endnotes 1\nR1 Free Access to Courts Act 1400 2 Hen 4 c 1 page 2\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and\nthe amendment history. Current modifications are not included in the\nrepublished law but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3\nare annotated in the amendment history. Full details of any amendments can\nbe obtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation\nhistory and the amendment history. These details are underlined.\nUncommenced provisions and amendments are not included in the\nrepublished law but are set out in the last endnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\nIf the republished law includes penalties, current information about penalty\nunit values appears on the republication inside front cover.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter p = page\ncl = clause par = paragraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly prov = provision\ndiv = division pt = part\nexp = expires/expired r = rule/subrule\nGaz = Gazette reg = regulation/subregulation\nhdg = heading renum = renumbered\nIA = Interpretation Act 1967 reloc = relocated\nins = inserted/added R[X] = Republication No\nLA = Legislation Act 2001 s = section/subsection\nLR = legislation register sch = schedule\nLRA = Legislation (Republication) Act 1996 sdiv = subdivision\nmod = modified / modification sub = substituted\nNo = number SL = Subordinate Law\nnum = numbered underlining = whole or part not commenced\no = order or to be expired\nom = omitted/repealed\n\nEndnotes\nLegislation history 3\nR1 Free Access to Courts Act 1400 2 Hen 4 c 1 page 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a UK Act—(1400) 2 Hen 4 c 1 (UK). The Act was\nrenamed as the Free Access to Courts Act 1400 when it was first republished\nunder the Legislation Act 2001.\nThe Act was in force in NSW immediately before 1 January 1911 (the date\nof establishment of the ACT) and was continued in force by the Seat of\nGovernment Acceptance Act 1909 (Cwlth), s 6.\nUnder the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the\nAct had effect in the ACT as if it were an ACT law (subject to ordinances\nmade under the Seat of Government (Administration) Act 1910).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth),\ns 34 (4) converted most former UK laws in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and\nrepeal the laws. This Act was converted into an ACT enactment on 11 May\n1989 (self-government day).\nUnder the Interpretation Act 1967 (repealed), s 65 all former UK Acts in\nforce in the ACT immediately before 10 November 1999 (including this Act)\nbecame, for all purposes, laws made by the ACT Legislative Assembly. This\ncompleted the process of making former UK Acts fully into ACT laws.\nFree Access to Courts Act 1400 2 Hen 4 c 1\nas amended by\nImperial Acts Application Act 1986 A1986-93 s 5 and sch 3 pt 6\nnotified 12 January 1987 (Cwlth Gaz 1986 No S1)\ns 5 and sch 3 pt 6 commenced 12 January 1987 ( s 2 (1))\n4 Amendment history\nThe Imperial Acts Application Act 1986 (the 1986 Act), sch 3, pt 6 set out the\ntext of this Act in an amended form and provided for the amended form to\napply as the text of the Act in force in the ACT (see 1986 Act, s 5 (1), (4)\nand (5)).\nSections 1 to 3 (which confirmed the rights of the church and the rights,\nliberties and franchises granted by the King’s predecessors) were omitted by\nthe 1986 Act because they were obsolete and unnecessary.\nThis Act has not been amended since the enactment of the 1986 Act, except\nunder the Legislation Act 2001.\n\nEndnotes\nAmendment history 4\nR1 Free Access to Courts Act 1400 2 Hen 4 c 1 page 4\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nName of Act\nam R1 LA\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at\nwww.legislation.act.gov.au\n© Australian Capital Territory 2002","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This version has not grown significantly beyond the Act’s original, narrow purpose of guaranteeing access to courts and equal treatment in court. The 1986 republication removed obsolete provisions (for example, clauses confirming church or feudal rights) and left the two core guarantees intact; that is a narrowing/clarifying of scope rather than an expansion. Enforcement detail and modern application are left to other statutes and judicial interpretation rather than being added to this Act."},"complexity_factors":["Only 2 operative sections (s 4 and s 5)","No defined terms or interpretation section in the Act itself","No schedules, conditions, or nested exceptions","No cross-references to other provisions inside the Act","Historic/archaic language increases interpretive uncertainty despite textual brevity","Republication materials and endnotes add historical context but do not add operative complexity","No penalty or enforcement provisions in the substantive text (enforcement depends on external law)"],"plain_english_summary":"This short Act declares two basic guarantees: people must be able to go to and from courts freely and peaceably to pursue or defend claims, and courts must do full justice to rich and poor alike.  \n\nIt affects anyone who uses or seeks access to courts (litigants, witnesses, lawyers, the public) and those who might obstruct them. Its significance is mostly declaratory—affirming access and equality while leaving enforcement and practical detail to other laws and judicial interpretation."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":true,"description":"The original 1400 Act contained sections 1-3 confirming rights of the church and royal franchises, which were omitted by the Imperial Acts Application Act 1986 as obsolete. The current version only contains the two sections about court access and equal justice, narrowing the scope from a broader confirmation of medieval rights and privileges to a focused statement of judicial access principles."},"complexity_factors":["Only 2 operative sections (sections 4 and 5)","No defined terms section","No cross-references to other legislation in the operative provisions","No conditional logic or exceptions","Extremely short (2 pages of substantive content)","Original text from 1400 uses archaic language ('liege people', 'aforesaid') but meaning is clear","No penalties or enforcement mechanisms specified"],"plain_english_summary":"This is one of Australia's oldest surviving laws, originally passed by the English Parliament in 1400 during the reign of King Henry IV. It guarantees two fundamental principles of justice:\n\n**What it does:**\n- **Section 4**: Everyone has the right to go to court freely and safely. You cannot be stopped, threatened, or interfered with when you're going to court to sue someone or defend yourself.\n- **Section 5**: Courts must treat everyone equally. Rich and poor people alike must receive full justice and fair treatment.\n\n**Who it affects:**\n- Anyone using the courts in the Australian Capital Territory (ACT)\n- The law originally applied to \"liege people\" (subjects loyal to the King), but now protects all people in the ACT\n\n**Why it matters:**\nThis ancient law establishes two pillars of modern democracy: **access to justice** (you can't be blocked from using the courts) and **equality before the law** (wealth doesn't buy better justice). It's remarkable that a law from medieval England, originally written in Norman French, still protects Canberrans today. The ACT Parliamentary Counsel republished it in 2002 with modern formatting but kept the original 15th-century wording."}},"importantCases":[],"_links":{"self":"/api/acts/free-access-to-courts-act-1400-2-hen-4-c-1","history":"/api/acts/free-access-to-courts-act-1400-2-hen-4-c-1/history","analysis":"/api/acts/free-access-to-courts-act-1400-2-hen-4-c-1/analysis","conflicts":"/api/acts/free-access-to-courts-act-1400-2-hen-4-c-1/conflicts","importantCases":"/api/acts/free-access-to-courts-act-1400-2-hen-4-c-1/important-cases","documents":"/api/acts/free-access-to-courts-act-1400-2-hen-4-c-1/documents"}}